Montville officer accused of on-duty DWI found not guilty

    MORRIS PLAINS - Montville Township Police Officer Kurt Geisinger was found not guilty Tuesday evening of on-duty driving while intoxicated and careless driving in October by a municipal court judge who ruled that the state could not prove the officer was operating a vehicle or intended to operate one.

"I knew all along the state had deficiencies in its case and I'm sure my client is very happy," said defense attorney Denis Driscoll, after Geisinger shook his hand and left Morris Plains Municipal Court where the DWI case was transferred from Montville for handling. A special session that focused only on Geisinger's case was held Tuesday evening.

Driscoll had filed a motion to get the DWI and careless driving tickets against Geisinger thrown out on grounds that the state - Morris Plains Municipal Prosecutor Matthew Petracca - could not prove operation of a vehicle by Geisinger on Oct. 21, 2016 while he was allegedly intoxicated.  Municipal Court Judge Michael Carlucci conducted a brief hearing at which he heard from two witnesses and concluded "There's absolutely no evidence he was operating a vehicle" or intended to operate one. He declared Geisinger not guilty.

Carlucci said the DWI laws are broadly construed in New Jersey when it comes to driving while intoxicated but there must be some demonstrated intent to operate a vehicle and in Geisinger's case, there was none. Geisinger was suspended with pay from his $122,624-annual position after he was charged with DWI by an officer in his own department and he now faces potential internal discipline over suspected intoxication on-duty.

Township Administrator Victor Canning has said he would decide how to proceed with potential job action against Geisinger once the DWI charge was resolved. Since Geisinger was charged with a motor vehicle offense, and not a crime, the township was obligated to continue paying him during his suspension.

Tuesday's short hearing focused solely on whether the state could prove operation of a vehicle and did not delve into probable cause that Montville allegedly had to charge him, nor on whether Geisinger submitted to blood-alcohol testing. Driscoll said he could not comment on other portions of the case because of the potential disciplinary action.

Petracca, the municipal prosecutor, called one witness at the hearing - Montville Township police Dispatcher Elizabeth Johansen. Driscoll called Officer Alexander Yang, who was assigned to handle the DWI ticket. Johansen testified that she saw Geisinger on Oct. 21 standing next to the driver's side door of an unmarked police vehicle in the department parking lot, around 6:20 p.m., the end of the officer's 12-hour shift.

Johansen acknowledged that she did not see Geisinger operate a vehicle throughout his shift.

"I didn't see him driving at all," she said.

Questioned by Driscoll, Johansen said: "At that point I just asked him if he was okay." She was not asked to elaborate on why she inquired about Geisinger's welfare. She said she didn't know how long he had been standing in the parking lot and said it was not unusual for officers to be in the lot.

Petracca said that Johansen was his only witness who had initial contact with Geisinger. Driscoll then called Yang, who was tasked by superiors around 8 p.m. on Oct. 21 to handle the DWI. Yang, the arresting officer, said he did not see Geisinger operate a vehicle but he did ask Geisinger whether he had drank alcohol.

Geisinger stated that he drank alcohol in the parking lot, Yang said.

"It was your understanding he drank in the parking lot that night?" Driscoll asked. Yang replied yes.

Geisinger, who has the right to remain silent, was not asked to speak during the hearing.

Petracca left the decision on operation up to the judge after saying that Yang, at least in part, based his DWI summons on what he believed the dispatcher observed. Driscoll gave a short argument, praising the "clear, concise, honest" testimony of the witnesses.

"They never witnessed my client behind the wheel," Driscoll said. "I believe the state would not be able to sustain their burden" on operation.

On Oct. 22, Morris County Prosecutor Fredric M. Knapp and Montville Police Chief Rudy Appelmann had issued a joint release  announcing the motor vehicle charges. The release said that Geisinger had been driving an unmarked patrol car and had no interaction with the public and had not been involved in an accident. Neither a representative of the Prosecutor's Office nor Appelmann was at the hearing.

 Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.